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A federal district court has held that a bankruptcy trustee’s action to compel payment of crop insurance proceeds is time-barred by virtue of the Federal Crop Insurance Act (FCIA) and the insurance policies’ arbitration provisions. The trustee brought the action against the Federal Crop Insurance Corporation (FCIC), as reinsurer, and the U.S. Department of Agriculture’s Risk Management Agency (RMA) seeking payment of policy proceeds for the benefit of the debtor’s estate.

  • Landlord/Tenant: lessor did not breach commercial lease by failing to complete construction by date certain where lease did not provide date by which property was to be ready for occupation – 326-330 St. Armands Circle, LLC v. GEE22, LLC, No. 2D12-2395 (Fla.

Interest in cryptocurrencies is growing, even after Mt. Gox, formerly the largest international bitcoin exchange, filed for bankruptcy in Japan following $473 million in losses.

A New Hampshire insurance company, Home Insurance Company (“Home”), was placed in liquidation in 2003. When its reinsurer Century Indemnity Company (“CIC”) tried to claim an $8 million setoff from amounts owed to Home, the liquidator balked and demanded the $8 million.

Before the clerk of the court will issue a writ of execution or writ of garnishment on a judgment, the clerk will review the judgment to ensure it is valid and enforceable. Failure to include certain specific language in a judgment could prevent or delay your ability to collect on your judgment.

To avoid potential issues, here are some things you should consider including in your final money judgment:

  • FCCPA: lender may offset judgment for violations of FCCPA against amounts owing on pre-petition bankruptcy claim - In re Claudia Acosta-Garriga, No. 8:12-cv-00731-SDM (M.D. Fla.
  • Foreclosure: an attorney may file a nonresident cost bond on behalf of a client without violating the prohibition against an attorney's acting as a surety for his client – US Bank, N.A. v. Boyer, No. 2D12-3942 (Fla.
  • Code Enforcement Liens: Section 73.101, Fla. Stat., entitled City to seek enforcement of its code enforcement liens by motion in condemnation action brought by City; City not required to bring separate action to enforce code enforcement liensCity of Boynton Beach v Janots, Case No. No. 4D11-2076 (Fla. 4th DCA October 10, 2012) (reversed and remanded)